Bill Text: TX HB4044 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the imposition of a fee on a holder of a permit for an oil and gas waste disposal well.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-05-04 - Left pending in committee [HB4044 Detail]
Download: Texas-2015-HB4044-Introduced.html
| By: Paddie | H.B. No. 4044 | |
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| relating to the imposition of a fee on a holder of a permit for an | ||
| oil and gas waste disposal well. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 27, Water Code, is amended | ||
| by adding Section 27.037 to read as follows: | ||
| Sec. 27.037. FEE ON HOLDER OF PERMIT FOR OIL AND GAS WASTE | ||
| DISPOSAL WELL. (a) A fee is imposed on a holder of a permit for an | ||
| oil and gas waste disposal well. The amount of the fee is 20 cents | ||
| for each barrel of 42 standard gallons of oil and gas waste | ||
| delivered to the well for injection in the well if the waste was | ||
| produced from a well that is not located in: | ||
| (1) the disposal district in which the disposal well | ||
| is located; or | ||
| (2) a disposal district adjacent to the disposal | ||
| district in which the disposal well is located. | ||
| (b) A holder of a permit for an oil and gas waste disposal | ||
| well shall collect the fee imposed under this section from the | ||
| generator of the waste and remit the fee to the comptroller. | ||
| (c) The comptroller shall: | ||
| (1) deposit 25 percent of the proceeds from the fees | ||
| collected under this section to the credit of the oil and gas | ||
| regulation and cleanup fund as provided by Section 81.067, Natural | ||
| Resources Code; and | ||
| (2) send 75 percent of the proceeds from the fees | ||
| collected under this section to the counties of this state, with | ||
| each county receiving an amount determined according to the ratio | ||
| of the amount of fees collected in connection with oil and gas waste | ||
| delivered to disposal wells in the county to the total amount of | ||
| fees collected under this section. | ||
| (d) The comptroller shall send the amount due each county | ||
| under Subsection (d)(2) to the county treasurer or officer | ||
| performing the function of that office at least twice each state | ||
| fiscal year. | ||
| (e) The county treasurer or officer shall deposit amounts | ||
| received under this section to the credit of the county road and | ||
| bridge fund. Money deposited to the credit of that fund under this | ||
| subsection may be used only for a purpose authorized by Section | ||
| 256.001(a), Transportation Code. | ||
| (f) The comptroller by rule shall prescribe the manner in | ||
| which the fee imposed under this section is administered, | ||
| collected, and enforced. | ||
| (g) The railroad commission by rule may divide the state | ||
| into disposal districts for purposes of administering Subsection | ||
| (a). For purposes of Subsection (a), the railroad commission's oil | ||
| and gas division districts are the disposal districts until the | ||
| railroad commission by rule establishes disposal districts under | ||
| this subsection. | ||
| (h) The railroad commission by rule may provide for one or | ||
| more exemptions from the fee prescribed by this section. | ||
| SECTION 2. Section 81.067(c), Natural Resources Code, is | ||
| amended to read as follows: | ||
| (c) The fund consists of: | ||
| (1) proceeds from bonds and other financial security | ||
| required by this chapter and benefits under well-specific plugging | ||
| insurance policies described by Section 91.104(c) that are paid to | ||
| the state as contingent beneficiary of the policies, subject to the | ||
| refund provisions of Section 91.1091, if applicable; | ||
| (2) private contributions, including contributions | ||
| made under Section 89.084; | ||
| (3) expenses collected under Section 89.083; | ||
| (4) fees imposed under Section 85.2021; | ||
| (5) costs recovered under Section 91.457 or 91.459; | ||
| (6) proceeds collected under Sections 89.085 and | ||
| 91.115; | ||
| (7) interest earned on the funds deposited in the | ||
| fund; | ||
| (8) oil and gas waste hauler permit application fees | ||
| collected under Section 29.015, Water Code; | ||
| (9) costs recovered under Section 91.113(f); | ||
| (10) hazardous oil and gas waste generation fees | ||
| collected under Section 91.605; | ||
| (11) oil-field cleanup regulatory fees on oil | ||
| collected under Section 81.116; | ||
| (12) oil-field cleanup regulatory fees on gas | ||
| collected under Section 81.117; | ||
| (13) fees for a reissued certificate collected under | ||
| Section 91.707; | ||
| (14) fees collected under Section 91.1013; | ||
| (15) fees collected under Section 89.088; | ||
| (16) fees collected under Section 91.142; | ||
| (17) fees collected under Section 91.654; | ||
| (18) costs recovered under Sections 91.656 and 91.657; | ||
| (19) two-thirds of the fees collected under Section | ||
| 81.0521; | ||
| (20) fees collected under Sections 89.024 and 89.026; | ||
| (21) legislative appropriations; | ||
| (22) any surcharges collected under Section 81.070; | ||
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| (23) fees collected under Section 91.0115; and | ||
| (24) fees collected under Section 27.037, Water Code. | ||
| SECTION 3. The comptroller shall adopt rules as necessary | ||
| to implement Section 27.037, Water Code, as added by this Act, not | ||
| later than December 1, 2015. | ||
| SECTION 4. This Act takes effect September 1, 2015. | ||
